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Staff: Committee members: Steven Teglia, Assistant to the City Manager Russell Johnson, Chair Sue Benham Ken Weir REGULAR MEETING OF THE BUDGET AND FINANCE COMMITTEE
of the City Council - City of Bakersfield
Monday, February 27, 2012
12:00 p.m.
City Hall North
1600 Truxtun Avenue, Bakersfield, CA 93301
First Floor, Conference Room A
A G E N D A
1. ROLL CALL
2. ADOPT JANUARY 30, 2012 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Discussion and Committee Recommendation Regarding Local Vendor
Preference Policy – Smith / Gennaro
5. COMMITTEE COMMENTS
6. ADJOURNMENT
Committee Members:
Staff: Steven Teglia Russell Johnson, Chair
Assistant to the City Manager Sue Benham
Ken Weir
AGENDA SUMMARY REPORT
REGULAR MEETING OF THE
BUDGET AND FINANCE COMMITTEE
Monday, January 30, 2012
12:00 p.m.
City Hall North – Conference Room A
1600 Truxtun Avenue
Bakersfield, CA 93301
The meeting was called to order at 12:00 PM
1. ROLL CALL
Committee members present: Councilmember Russell Johnson, Chair
Councilmember Sue Benham
Councilmember Ken Weir
Staff present:
Alan Tandy, City Manager Ginny Gennaro, City Attorney
Rhonda Smiley, Asst. to the City Manager Josh Rudnick, Deputy City Attorney
Steven Teglia, Asst. to the City Manager Andrew Heglund, Associate Attorney
Chris Huot, Administrative Analyst Richard Iger, Associate Attorney
Nelson Smith, Finance Director Raul Rojas, Public Works Director
Sandra Jimenez, Asst. Finance Director Brad Underwood, Asst. Public Works Director
Randy McKeegan, Accounting Supervisor Georgina Lorenzi, Asst. to the Public Works Director
Kim Berrigan, Purchasing Officer Kevin Barnes, Solid Waste Superintendent
Donna Kunz, EDCD Director Luda Fishman, Business Manager
Ryan Bland, Associate Planner
AGENDA SUMMARY REPORT
Budget and Finance Committee Meeting
Monday, January 30, 2012
Page 2
Others Present:
Chad Manning, Jim Burke Ford Debbie Moreno, Chambers of Commerce
Greg Broida, Haddad Dodge – Ram Ron Kirby, Haddad Dodge - Ram
Stephen Pelz, Housing Authority Eric Xin, Brown Artmstrong
Greg Sanders, Urner Brothers Inc. Jacob Panero, Kern Refuse / MRC
Roland Burkert, BARC John Price, Kern Refuse / MRC
Jim Baldwin, BARC John Parie, New Car Dealer Association
Antonie Boessenkool, Bakersfield Californian
2. ADOPT SEPTEMBER 26, 2011 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
None
4. NEW BUSINESS
A. Discussion and Committee Recommendation Regarding Expansion of Blue Cart
Recycling Program – Rojas
Public Works Director Raul Rojas stated staff identified an opportunity for the City
to add universal curbside recycling to the City’s basic refuse service without a fee
increase to the public. Favorable financial conditions, including: $5.3 million for
cart reserves, $900,000 in available Landfill Closure Reserve Funds, operational
savings, and stronger markets for sales of recyclables, compost, and wood chips
yielding higher revenues, have let to this opportunity. The start-up costs are
estimated at $5 million for the purchasing of recycling trucks and blue carts. An
annual operating cost of $2 million is estimated to be initially paid out of the fund
balance which may avoid rate increases. Implementation of the program could
commence July 1, 2012 and could be phased-in over a three year period.
Collection days could be structured so that residents will not have three different
collection days, blue carts would continue to be collected every other week,
residents can opt out of a blue cart if they have inadequate storage or prefer no
blue cart. If the Committee recommends approval, an amendment to the hauling
and recycling contracts would be needed and would be present to the full
Council.
City Manager Alan Tandy thanked BARC and other local haulers for their
cooperation and assistance in assisting the City include the blue cart recycling
service in the basic service to all city residents.
AGENDA SUMMARY REPORT
Budget and Finance Committee Meeting
Monday, January 30, 2012
Page 3
Committeemember Sue Benham thanked staff and everyone involved for their
hard work in accomplishing this kind of service which has been a goal for several
years.
Committeemember Ken Weir also thanked everyone. Committeemember Weir
asked if the program was successful and the carts were being filled faster could
the service be changed to have the blue carts picked up weekly.
Public Works Director Rojas stated it would be a good thing but may not occur for
some time. Staff would need to speak with the local haulers to renegotiate at that
time.
Solid Waste Superintendent Kevin Barnes stated for current users who fill their blue
carts rapidly, it is recommended that they acquire an additional cart, flatten
boxes, etc. to allow more space in each cart.
Committee Chair Russell Johnson stated this is a great example of stewardship
and partnership and also thanked everyone involved.
Committeemember Benham made a motion to have the proposal presented to
the full Council. It was unanimously approved.
B. Discussion and Committee Recommendation Regarding FY 2012-13 CDBG Action
Plan –Kunz
Economic and Community Development Director Donna Kunz summarized the
Annual Entitlements received by the City through the U.S. Department of Housing
and Urban Development (HUD). These entitlements help to improve the quality of
life of low to moderate income neighborhoods, improve infrastructure to the
neighborhoods, and promote job opportunities and job promotions for low
income individuals. The HUD Community Development Block Grant Program
(CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant
(ESG) entitlements for FY12-13 are $4,296,008. Staff is projecting $7,000 in program
income for CDBG and $30,000 for HOME. The total proposed budget for CDBG,
HOME and ESG for FY12-13 is $4,333,008.
FY 2012-13 Proposed CDBG:
The total resources available for FY 2012-13 are $3,014,770. This amount includes
the CDBG entitlement of $3,007,770, and the project program income of $7,000.
The total resources are allocated as follows:
Total Administration – 20% Cap: $602, 954
Long Term Obligations: $407,900
Public Services: $352,376. Services include Fair Housing, Mill Creek,
Southeast, and Baker Street Police Patrol, and the Bakersfield Senior Center.
AGENDA SUMMARY REPORT
Budget and Finance Committee Meeting
Monday, January 30, 2012
Page 4
Low-Mo Benefit: $513,960. Services include Home Access Grant Program,
Baker Street Commercial Incentive Program, and BARC Equipment
Purchase and Installation.
FY 2012-13 Proposed Capital Improvement Projects:
Net resources available for Capital Improvement Projects (CIP) are $1,137,580.
Staff submitted the following consideration:
Alta Vista Area: curb, gutter, and sidewalk reconstruction;
East California Area: curb, gutter, and sidewalk reconstruction; and
Arts Alive District Streetscape Improvements.
Director Kunz then presented the following prgrams that also would be included in
the CDBG program:
Home Investment Partnership (HOME):
The total funding available for FY 2012-13 is $1,055,460, 10% of which was set aside
for administrative costs. This amount includes the HOME Entitlement of $1,025,460
and $30,000 of projected program income.
Proposed Housing Programs:
Staff estimates that the total Program/Project Costs and Direct Delivery for FY
2012-13 is $874,914. This Program/Project cost includes $153,819 in HUD mandated
Community House Development Organization (CHDO) sponsored projects,
$721,095 for New Construction, and $75,000 in Direct Delivery, which HUD allows
for operating costs.
Emergency Solutions Grant (ESG):
Staff proposes $262,778 in ESG to fund the Bakersfield Rescue Mission ($68,000),
Bethany Homeless Shelter ($68,000), Alliance Again Family Violence ($21,667), and
Homeless Prevention ($85,403). A provider is to be determined for the Homeless
Prevention allocation.
Committee Chair Russell Johnson asked if the Baker Street Commercial Incentive
Program allocation would be spent on tenant improvements. Economic and
Community Development Director Kunz stated it would be spent on tenant
improvements and be directly associated with job creation.
Committeemember Sue Benham made a motion to adopt the proposals. The
motion was unanimously approved.
Mr. Jim Baldwin representing BARC thanked staff for all the support and thanked
everyone for all their work and dedication to the entire City.
AGENDA SUMMARY REPORT
Budget and Finance Committee Meeting
Monday, January 30, 2012
Page 5
C. Discussion and Committee Recommendation Regarding Local Vendor Preference
Policy – Smith/Gennaro
Committee Chair Johnson stated he made this referral after an out of town
vendor was awarded a contract for an auto sale. Committee Chair Johnson
requested staff to investigate how Kern County provides a 5% preference for local
bidders.
City Attorney Ginny Gennaro stated that as a Charter City, the City of Bakersfield
would not be able to implement an identical process like Kern County because of
language in the City Charter pertinent to low bids and anti-collusion provisions
(Sections 136 and 140 of the City Charter).
Finance Director Nelson Smith stated that in response to Councilmember Hanson’s
referral to prepare a comparison of the total number of dollars spent on purchases
put out to bid for each year and what three and five percent would mean to the
process, staff reviewed all non-construction bids processed for FY 2010-11 and
determined the total dollars of bid awards during that period was $20,392,784 with
25% related to local purchase and 75% related to vendors outside the city limits. A
three percent preference would cost $459,000 on an annual basis and a five
percent preference would cost $765,000 on an annual basis. Finance Director
Smith also summarized a survey conducted of comparable cities regarding local
vendor preference policy. Two cities have a policy similar to Bakersfield allowing
for one percent preference based on the local sales tax dollars that return to the
city. Only one city had a policy similar to Kern County where the local vendor is
allowed to match the low bid after the bid opening has taken place. The
remaining cities had a variety of preference policies, including: local preference
from 2.5% to 5.0%, dollar caps from no cap to $25,000, restrict the preference to
the city and county limits, and some require the vendor have been in business for
a period of time and/or have a number of employees, etc.
Finance Director Smith also summarized the following options available for
discussion purposes.
Option 1: Status quo – retain the current 1% vendor policy.
Option 2: 3% local preference with no dollar cap. This would expand the
current policy beyond the sales tax nexus, but as a Charter City the Council
could make a finding of general benefit to the community. It would also
have a potential financial impact to the city of approximately $600,000 per
year in additional costs.
Option 3: 5% local preference with a dollar cap of $15,000. This would also
expand the current policy with a finding of general benefit to the
community, but would place limits on the financial impacts to the annual
budget.
AGENDA SUMMARY REPORT
Budget and Finance Committee Meeting
Monday, January 30, 2012
Page 6
There are also a variety of scenarios which can be created with a mixture of
the above.
Committee Chair Johnson asked Finance Director Smith to describe in detail
how Kern County does there policy. Finance Director Smith stated that after
the County conducts their bid, they open the bids received. They would then
go to the local bidder(s) and ask if they could match the outside vendor bid or
lower. If the local bidder(s) is willing to do so, the County will allow them to
change their bid and award the bid at that time to the lowest bidder.
Debbie Moreno representing the Chamber of Commerce stated that over the
years the Chamber has heard great discontent from local business because
there is such a small local preference. Ms. Moreno also asked if it was
necessary to have an anti-collision policy in the charter as a Charter City.
City Attorney Gennaro stated any policy in the charter is changeable and can
only be changed by the vote of the people. It would be very expensive.
Greg Broida representing Haddad Dodge – Ram asked if any changes occur
would it be generalized to construction and other acquisitions, not just
automotive purchasing.
Committee Chair Johnson stated it would not; it would apply to goods and
services. Finance Director Smith stated that the one percent vendor
preference applied to any bid which has a sales tax component excluding
construction projects.
Chad Manning representing Jim Burke Ford stated that his business has missed
several opportunities to do business with the city. If the City had a policy like
the County, where they would approach the vendor and ask to match the
lowest bid, Ford would have been awarded a few more bids with the City.
John Parie representing the New Car Dealers Association stated there are
immeasurable economical components in allowing a large portion of all bids
to go outside Kern County. The City should try to establish a policy similar to the
County to allow local bidders an opportunity to match an outside vendor. He
also stated that the City should set an example by buying local whenever
possible.
City Manager Alan Tandy stated that the local vendor preference is not
causative of the 25% and 75% purchases. The City purchases a variety of
specialty items, like special ordor control chemicals for the wastewater
treatment plant. The justification for a 3% or 5% preference would be based on
the payment of property tax and other things which local business brings to the
economy of the city.
AGENDA SUMMARY REPORT
Budget and Finance Committee Meeting
Monday, January 30, 2012
Page 7
City Attorney Gennaro stated if a policy similar to the County was used, vendor
1 could be contacted and told the bid amount for certain goods can you
match the amount or go lower. Then vendor 2 can be contacted and told
vendor 1 can provide the goods at this amount could they match the amount
or go lower, and this could go on and on. This would cause conflicts with the
collision policy.
Committee Chair Johnson asked if the policy could be amended to state in a
situation where a vendor is 2% or 3% higher; they could choose to match the
bid and if they are a local vendor they could be awarded the bid. The options
summarized by the Finance Director would be providing a credit to the
vendors; Committee Chair Johnson stated he would like this to be avoided.
Committeemember Benham stated that the Committee should rely on the City
Attorney for legal advice. It would not be wise for Committeemembers or
Council members to manipulate the report provided, against legal advice.
Committee Chair Johnson asked if it was a violation to disclose at the
beginning of the bidding process that if a local vendor is within a certain
percentage, they would be given an opportunity to match the lowest bid and
be awarded the bid if they choose to. City Attorney Gennaro stated it would
be, because you are operating off of someone else’s bid.
Committeemember Weir asked staff if they could quantify the benefits if
Option 3 was selected as summarized by Finance Director Smith. Finance
Director Smith stated the cities surveyed in the report where not asked how
they quantified their 3% or 5% preference. Committeemember Weir asked staff
to contact the surveyed cities again and prepare a report to be presented at
the next meeting.
Committeemember Weir left the meeting.
D. Discussion and Committee Recommendation Regarding Annual Audit Reports FY
Ending 2011 – Smith
Finance Director Smith provided a review of six separate audit reports for the fiscal
year ending 2011.
1. Comprehensive Annual Financial Statement
This report represents the City’s financial statements as of June 30, 2011.
The City complied, in all material respects, with accounting principals
generally accepted in the United States.
AGENDA SUMMARY REPORT
Budget and Finance Committee Meeting
Monday, January 30, 2012
Page 8
2. Agreed Upon Conditions Report
This report is designed to increase efficiency, internal controls, and/or
financial reporting. There was one reportable condition, which pertained
to minor variance in the way the accounting software distributes costs of
purchase order line items that have multiple funding sources being
charged to multiple project numbers. The City’s software vendor has
been made aware of the irregularity and is working on a program
correction. Staff has implemented an additional procedure to manually
review these special transactions. The report also addresses three
conditions identified in the prior year report, which have all been resolved
to the auditor’s satisfaction.
Committee Chair Johnson asked how many purchase orders
experienced the error and when was the manual review of these
transactions implemented.
Finance Director Smith stated there was only one purchase order with this
kind of error and staff implemented the additional procedure
immediately after the error was found.
3. Single Audit Report
This report pertains to federal program monies expended by the City firing
the specified fiscal year. The City complied, in all material respects, with
federal program guidelines.
4. Independent Auditors Report
There were no audit findings.
5. Appropriations Limit
There were no audit findings.
6. Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports
Center, and Brighthouse Networks Amphitheater
The report presents the financial statements for the operational unit as of
June 30, 2011. There were no significant issues with the audit.
Committeemember Benham made a motion to have the reports presented to the
full Council for approval. The motion was unanimously approved with
Committeemember Weir absent.
AGENDA SUMMARY REPORT
Budget and Finance Committee Meeting
Monday, January 30, 2012
Page 9
E. Discussion and Committee Recommendation Regarding the 2012 Committee
Meeting Schedule – Teglia
Committee Chair Johnson asked why the meeting in September was on a
Tuesday instead of a Monday. Assistant to the City Manager Steven Teglia stated
there was a conflict in schedules with the Legislative and Litigation Committee
schedule.
The scheduled was adopted as submitted.
5. COMMITTEE COMMENTS
None
6. ADJOURNMENT
The meeting adjourned at 12:14 PM
cc: Honorable Mayor and City Council
DOCUMENTS HANDED
OUT AT THE
COMMITTEE MEETING
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ATTENDANCE LIST
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Monday, February 27, 2012
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